Included in the grounds for appeal, Murray contends that he did not receive a fair trial, citing:
Improper exclusion of defense evidence and witnesses that resulted in violating the defendant’s State and constitutional rights to due process, to present a defense and to the effective assistance of counsel.
Murray, who is asking to be released without bail less than a year into his 4 year sentence, says that, if released, he will live with his child’s mother, Nicole Alvarez — and would be willing to wear an electronic monitoring bracelet.
In an attempt to gain a sympathetic ruling, Murray’s lawyer, Ed Chernoff, revealed that he is being held in a “maximum security” area, where he is housed in solitary confinement and transported around jail with his hands chained to his waist. Not mentioned by the attorney, was Murray’s widely-reported suicide attempt and his stay under suicide watch soon after he began serving his sentence.
Using Murray’s phone records, testimony from police and Murray’s current and former girlfriends to create a detailed timeline, prosecutors were able to prove that Murray was on the phone throughout the morning of Jackson’s death on June 25, 2009. Jackson’s former bodyguard, Alberto Alvarez, testified that the doctor instructed him to place medicine vials in bags before calling 911 on that fatal day.
Detective Orlando Martinez testified that Murray described a nearly 10-hour ordeal of trying to get Jackson to sleep, allegedly giving him a valium pill and two other sedatives intravenously before yielding to the singer’s demands for propofol.
Jackson called the powerful drug his “milk,” and coroner’s investigators discovered several vials of it in a bag labeled “Baby Essentials” in his closet. Dr. Christopher Rogers, chief of forensic medicine for the Los Angeles County coroner, is convinced that medical malpractice played a large — if not malicious — role in Jackson’s death:
Jackson had a strong heart and was mostly healthy. The care was substandard [and] there were several actions that should have been taken.
With the circumstances surrounding Jackson’s death continuing to be suspicious, support and funds are severely limited, according to Chernoff:
[Murray] has exhausted virtually all of his available resources.